Foreign National Prisoners: Law and Practice

Foreign National Prisoners: Law and Practice brings together the relevant UK and European Court of Human Rights' case-law, legislation, practice, policies and procedure on foreign national prisoners. The book will be essential reading for all those working with foreign national prisoners, and for immigration and prison law practitioners in particular.

It is the first book to provide an inter-disciplinary and practical guide to the immigration, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs).

It includes the first:-

• Detailed practical guide for UK practitioners to immigration detention, including the first analysis of the consequences of Lumba and Mighty v SSHD;
• Comprehensive overview of prison law issues as they affect FNPS including categorisation, Home Detention Curfew, early removal, the management of mentally ill prisoners and repatriation.
• In-depth examination of the role of the best interests of the child in expulsion and detention cases involving minors, following the Supreme Court judgment in ZH (Tanzania) v SSHD.
• Analysis of the application of EU law protections for the third national family members of citizens of the European Union following the judgments of the Grand Chamber of the CJEU in Zambrano and Dereci.
• Detailed examination of the law and procedure of appeals in the Special Immigration Appeals Commission (SIAC).

Foreign National Prisoners also includes:-

• Analysis of law and practice of deportation under the UK Borders Act 2007.
• An in-depth review of the law governing exclusion from and loss of Refugee Convention protection.
• Detailed analysis of the application of EU law in expulsion cases involving EEA nationals and their family members (under the Citizens’ Directive and the EEA Regs 2006).
• A thorough review of law and practice governing exclusion from Humanitarian Protection and immigration status for FNPs who are not deported.
• A comprehensive overview of the application of ECHR article 8 in criminal deportation cases.
• Analysis of the principles governing awards of damages in false imprisonment cases.